Some aspects related to computer crime in terms of legislation in force and the new Criminal Code Cover Image
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Unele aspecte în legătură cu infracțiunile informatice din perspectiva legislației în vigoare, precum și a noului Cod penal
Some aspects related to computer crime in terms of legislation in force and the new Criminal Code

Author(s): George Zlati
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: computer fraud; computer forgery; Law no. 161/2003; Law no. 365/ 2002; the new Criminal Code; offenses concurrence; skills concurrence; access to a computer system; phishing; counterfeiting electronic

Summary/Abstract: Assuming the many relationships between cybercrimes stipulated by Law no. 161/2003 and Law no. 365/2002, as well as between those and criminalization under the Criminal Code in force, the author seeks an analysis which could highlight the concerns that may arise in this context. Also, given the applicability title various criminal provisions acquire in a particular concurrence of skills, the author found it necessary to identify the specific indictment’s wording to be applied first, based on an analytical process. These findings were also analyzed with regard to the provisions of the new Criminal Code, verifying whether the new regulations preserve or not the concerns identified within current legislation. Last but not least, reasoning used in the literature in the matter was considered as well as the judicial practice solutions to see how they have resulted in the appropriate identification of the indictment’s wording applicable.

  • Issue Year: 2012
  • Issue No: 10
  • Page Range: 204-229
  • Page Count: 26
  • Language: Romanian